Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1687 and 1688.
John Hay v. The Countess of Home
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1687. December 14.—John Hay, son to Mr Thomas Hay Clerk, having an infeftment from the late Earl of Home upon the Hirsle, craved, by a bill, that the Lords would appoint padlocks to be put upon the barns and barn-yards, that the corns might not be removed and embezzled. The Countess, his relict, Answered,—She had right, both as donatar to his escheat and as executrix-creditrix.
The Lords refused his bill hoc loco, seeing he might poind. Vide 26th Jan. 1688.
Vol. I. Page 490.
1688. January 26.—At Privy Council, the Countess Dowager of Home pursues Renton of Billie, Sheriff-depute of the Merse, for oppression, in granting a summary warrant to break up her barn-doors, that John Hay, a creditor infeft, might poind. Whereas, 1mo, He refused to give up the libel to see. 2do, John Hay had applied to the Lords for a sequestration of the rents, and was refused, ut supra, 14th December 1687. 3tio, There was a suspension of multiplepoinding by the tenants depending, and the Lady had both the gift of her husband's escheat and was executor-creditor to him on her contract; and therefore craved he might be punished, conform to the 26th Act of Parliament 1469, and other laws, for his abusing the King's authority (by which he should protect the lieges) to the oppressing of them. Answered,—The point of right ought first to be discussed and remitted to the Session; and John Hay is a preferable creditor to her; and the Sheriff may assist any who implore his aid; and the Lords of Session only declined to meddle with it, as being mixti imperii, The Privy Council sustained the libel, and named a committee for examining the witnesses.
And, on the 19th of February, it being advised, the Lords ordained the Lady to be repossessed; but withal appointed her to find caution to refund, if John Hay prevailed in discussing the suspension. But afterwards they took off the necessity of her finding caution, and waved that point about the Sheriff-depute's carriage.
